Divorce – Why Collaborative Law Is Different From Family Mediation
Collaborative law can be quicker than both traditional divorce or the family law mediation process. Through discussion, problems are shared and solved, giving couples control over their divorce rather than relying upon a judge. Collaborative law is a new option in the UK but is likely to become the preferred method of divorce in the future.
Within a traditional divorce case, correspondence is exchanged between opposing family solicitors, and court appearances follow, all at high expense to a divorcing couple. Court appearances can end up being months apart, prolonging the process, which can be draining both on finances and emotions. In collaborative law, an out of court settlement, structured in a non aggressive and amicable style, is encouraged, with an incentive that if an agreement is not reached, then a couple will have to appoint new legal advisers. This would increase expense for a couple, who may have fallen into a cycle of recrimination and constant grievance airing. Collaborative law therefore aims to make a final and lasting settlement that takes into account the needs of both sides, and especially those of any children affected.
During mediation, a couple will meet with a neutral mediator, with no solicitors present. A mediator will seek to help a couple reach a solution, though will not offer specific legal advice to either side, whereas this is not the case with collaborative law. In a collaborative divorce, solicitors for both parties are present to give specialist advice at every stage of discussion. In mediation, solicitors can become involved at too late a point, but collaborative law provides a more structured approach, with a trained family solicitor regularly contacting his client and opposite number to discuss progress and plan meetings.
Another difference between collaborative law and traditional divorce is that external professionals are often involved. People such as marriage guidance counsellors and accountants can be involved when discussing a settlement, helping both sides’ emotional and financial needs. Once an agreement is reached, both parties involved will sign the paperwork, and lawyers can then file documents with a court for final approval. In comparison with the often stressful and time consuming process of divorce, collaborative law offers both a speedier resolution, and closure on a troubling chapter of a couples’ lives, and allows them to move on from a marriage.
The whole divorce process is never an easy one. Involving a family law mediator or collaborative law solicitor can help significantly reduce stress and friction from the divorce process.
Bonallack and Bishop are a firm of Andover Family Solicitors with experience in Collaborative Law. Tim Bishop is senior partner at the firm which he has grown by 1000% in the last 12 years. He is responsible for all major strategic decisions and sees himself as a businessman who owns a law firm.
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